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If the account is joint then both spouses are responsible for repayment. If the account was incurred during the marriage and is held by one spouse and the couple live in a community property state both spouse's are responsible for repayment. If the account was incurred during the marriage by only one spouse and the couple does not live in a community property state, only the spouse who is the account holder is responsible for repayment.

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17y ago
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17y ago

If a married couple reside in a community property state both persons are generally held equally responsible for all debts incurred during the marriage regardless of which spouse incurred the debt. Married couples living in states that are not designated as community property are not responsible for each other's debts, although jointly owned marital property (bank accounts, real property) can sometimes be attached by creditors when only one spouse is the debtor.

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15y ago

Generally 1. In most states both parties are responsible for marital debt. In most states marital debt is defined as debt incurred during the marriage. 2. Debt incurred after the date of separation is not (in most cases) marital debt. But if your name is on an account the credit card company will come after you both. 3. Former spouses typically agree on what debt will be paid by either party in dividing their assets and debts. 4. Division can be by agreement in a Separation agreement, or by court order if the parties cannot agree. 5. Credit card companies are not bound by either an agreement or an order, but you can sue your former spouse if he/she does not abide by the agreement or order. 6. In any event if you are still on a credit card with your former souse, you need to call the company and remove your spouse as an authorized user. If you have "joint" accounts (you applied for the card together) you need to cancel them. 7. If you are now divorced and you do not have any joint accounts you will not be responsible for any debt incurred.

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15y ago

Only if the married couple reside in a community property state or the spouse is a joint account holder. An "authorized user" is not considered an account holder and is not legally responsible for debt incurred on a credit card account.

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9y ago

Short answer: Yes. However, in most states, if you file for legal separation you will then be separate in financial obligations and ownership of property. Legal separation divides the community property rights/obligations established by marriage.

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13y ago

Generally, responsibility for debt incurred by a spouse carries to the other spouse even if they did not generate the debt themselves. Some states are "marital property" states and the property covers both assets and liabilities (e.g., Wisconsin). Other states require specificity in contracts in order to endebt a spouse not responsible for the liability (e.g., Illinois).

In the event that there is debt not being paid, most creditors will attempt to collect from the spouse regardless of state legal requirements. They take the action under the assumption that if they receive anything beyond zero then they are ahead of the game.

The best course of action is to understand your state laws and, if there are concerns about debt ownership, to create contracts with your spouse so as to mitigate potential liabilities.

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16y ago

If you applied together for the credit card creating a joint account from the beginning, yes ... otherwise, no.

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Q: Am i responsible for a Spouses credit card debt?
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